Chapter I: Penalties applicable.

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L3421-1L3421-2L3421-3L3421-4L3421-5L3421-6L3421-7

Article L3421-5

French Public Health CodeIn force
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Updated 7 Nov 2023

At the request of the public prosecutor, officers of the judicial police and, on their orders or under their responsibility, the officers of the judicial police and deputy officers of the judicial police mentioned in article 20 and 1° ofarticle 21 of the code of criminal procedure are empowered, for the purposes of investigating and establishing the offence provided for in the second paragraph of article L. 3421-1 of this Code, to enter premises where public land, sea or air passenger transport is carried out, as well as their annexes and outbuildings, unless they constitute a home, in order to:

1° Check the identity of persons present, in order to determine who is covered by the provisions of the second paragraph of article L. 3421-1 ;

2° If there are one or more reasonable grounds for suspecting that these persons have used narcotics, carry out drug tests on them in order to establish that the offence in question has been committed.

If these tests are positive or if the person refuses or is unable to undergo them, the officers or agents of the judicial police and deputy judicial police officers will carry out checks to establish proof of the use of narcotics.

The checks referred to in the fourth paragraph are carried out by means of medical, clinical and biological analyses or examinations. The samples taken are kept in accordance with the conditions laid down by an order of the Minister of Health, issued after consultation with the Director General of the Agence nationale de sécurité du médicament et des produits de santé (National Agency for the Safety of Medicines and Health Products).

The public prosecutor's requisitions are made in writing, presented to the persons concerned at their request and specify that their purpose is to investigate the offence provided for in the second paragraph of article L. 3421-1. These requisitions are issued for a maximum period of one month and specify the premises where the inspection is to take place as well as the dates and times of each inspection.

The measures taken in application of this article shall be recorded in a report given to the person concerned.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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